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  • Burchette v. State

    Publication Date: 2005-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, Cumming, for appellee.
    Case Number: A05A1205

    The trial court lacked authority to grant the defendant first offender treatment after adjudicatin guilty of arson and sentencin

  • Godfrey v. State

    Publication Date: 2005-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Hurl R. Taylor Jr., Ellenwood, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Mary E. Leonard, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A05A0223

    The burglary defendant failed to show that his trial counsel was deficient for not objecting to the state's requested charge that possession of recently stolen property was a circumstance to be con

  • Patterson v. State

    Publication Date: 2005-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Dell Jackson, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Peggy A. Katz, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A05A0390

    The trial court did not err in denying t endant's motion to suppress a show-up where the victim had a good opportunity to view t endant and the victim was certain of his identification of

  • Euler-SIAC S.P.A. Creamar Spa v. Drama Marble Co. Inc.

    Publication Date: 2005-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Richard J. Joseph and Rachel Humphrey Stokes, Lazarus & Carmichael LLP, Atlanta, for appellant.
    for defendant: Steven J. Strelzik, Atlanta, for appellee.
    Case Number: A05A0310; A05A0816

    The plaintiff waived the forum selection clause in the parties' agreement, which provided for the exclusive jurisdiction of the Texas courts, when it filed the initial action in Georgia, and the de

  • Goode v. City of Atlanta

    Publication Date: 2005-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Clayton H. Farnham Drew, Eckl & Farnham, Atlanta, for appellant.
    for defendant: Debra E. LeVorse and David C. Marshall Hawkins & Parnell, Atlanta, for appellee.
    Case Number: A05A0064

    A one-time repair to a sewer cave-in could not for the basis for the plaintiff's nuisance suit after a water main broke near his residence, washing away an excessive amount of dirt under the founda

  • Arnold v. State

    Publication Date: 2005-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Edith M. Edwards, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and James B. Threlkeld, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A05A0222

    The trial court abused its discretion in removing a jury foreman after he told another juror to "go to hell" on the second day of delibera

  • Ponder v. State

    Publication Date: 2005-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Matthew K. Hube Hube & Tucker PC, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, and Michael T. Muldrew, Assistant District Attorney, Statesboro, for appellee.
    Case Number: A05A0377

    The defendant's conviction for first degree vehicular homicide was affirmed be the evidence was sufficient to establish proximate

  • Clough v. Richelo

    Publication Date: 2005-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Michael S. Rosenthal Wagner, Johnston & Rosenthal and Angelo T. Merolla, Atlanta, for appellant.
    for defendant: Johannes S. Kingma and Eric F. Barton Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellees.
    Case Number: A05A0181

    State Bar Rule 3.7 does not preclude a lawyer from representing a client prior to even if the lawyer is likely to be a necessary witness at the

  • Allen v. Clerk

    Publication Date: 2005-07-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Garland B. Cook Jr., Decatur, for appellant.
    for defendant: Stephen F. Dermer Magill & Atkinson LLP, Atlanta, for appellee.
    Case Number: A05A0060

    Permanent protective order shielding 13-year-old from his uncle was not supported by evidence that the defendant stalked his n

  • Goldsby v. State

    Publication Date: 2005-06-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: M. Eric Eberhardt Eberhardt & Hale LLP, and William C. Bushnell, Athens, for appellant.
    for defendant: . Kenneth W. Mauldin, District Attorney, and Brian V. Patterson, Assistant District Attorney, Athens, for appellee.
    Case Number: A05A0143

    Defendants' convictions for methamphetamine manufacturing and methamphetamine trafficking merged for sentencing purposes, since both arose from a single quantity of methamphetamine found in a cooler